On Tuesday a federal appeals court in New York ruled that President Donald Trump, when using his infamous @realDonaldTrump Twitter account, cannot block his critics. That decision upholds an earlier district court ruling.
The court found that an account used by a public official to conduct "all manner of public purposes" cannot exclude those who disagree that official from participating in an open, online discussion.
The Justice Department defended the president in the case, which was first brought by the Knight First Amendment Institute in 2017. The Institute represented several critics of the president who have been "blocked" by the @realDonaldTrump account.
In an emailed statement, Justice Department spokesperson Kelly Laco said, "We are disappointed with the court's decision and are exploring possible next steps. As we argued, President Trump's decision to block users from his personal twitter account does not violate the First Amendment."
However, the court found that the account was not "private," meaning the government had engaged in "viewpoint discrimination," which violates the First Amendment.
When asked by Cheddar whether Twitter would stop the @realDonaldTrump account from blocking other users, the social media company declined to comment.
"Public officials' social media accounts are now among the most significant forums for discussion of government policy," said Jameel Jaffer, the executive director of the Knight Institute, in a press release Tuesday. "This decision will ensure that people aren't excluded from these forums simply because of their viewpoints, and that public officials aren't insulated from their constituents' criticism."
Trump has frequently announced his policy intentions ー and other ruminations on politics ー through that account, though he also has access to an official presidential Twitter account run by the White House.
Also unhelpful to the Justice Department's argument that the account is private is that multiple White House officials have referred to the @realDonaldTrump account as an official source of information. For instance, in 2017, then-White House Press Secretary Sean Spicer said that tweets from that account should be considered "official statements by the President," and the White House itself has included statements made from the account in collections of official White House records.
The White House Director of Social Media, and assistant to the president, Dan Scavino, helps Trump run that account.
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Going into election day on Tuesday, many of us had an inkling it might not be a great day for Democrats. History tells us the president's party tends to lose congressional seats, governorships and state legislature seats in off-year and midterm elections. Tuesday turned out to be a big wake-up call for democrats. Not only did Terry McAuliffe lose in the Virginia governor's race, Gov. Phil Murphy won re-election by an incredibly slim margin. Both races saw continued Democratic losses in rural areas and a shift of suburban voters back to the GOP. Liz Landers, chief political correspondent at Vice News, joins Cheddar Politics to discuss.
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Alan Neuhauser, vice president of Silverline Communications, joined Cheddar Politics to talk more about the pledges that came out from the summit and their significance.
It's been a busy week for the Supreme Court. It heard arguments on three of the most watched cases in the docket for this term. The court heard arguments in two cases challenging the Texas abortion law on Monday - one filed by abortion providers and the other by the justice department. Instead of weighing in on the constitutionality of the matter itself, justices focused on the unusual structure of the law that enables citizens to enforce the law, not the state government.
On Wednesday, the court heard arguments in the biggest Second Amendment case in more than a decade. The dispute is over a New York gun law that requires people seeking a license to carry a handgun in public to show a "proper cause." The challengers in this case claim the law inhibits their constitutional Second Amendment rights.
Amy Howe, co-founder of SCOTUSBlog, joined Cheddar Politics to break the cases down.
This is the first installment of Cheddar Changemakers, where we spotlight young activists making a difference in the world and speaking up on issues regarding mental health, voting, and climate change.
Republicans are considered, and often act like, the party opposed to action on climate change. They've made a point of fighting even modest regulations on businesses related to stemming the worst effects of climate change. But Republicans aren't a monolith on climate change, and our next guest reminds us that "conservation" and "conservative" have the same word root.
Quill Robinson, VP of government affairs at the American Conservation Coalition, joins Cheddar Politics to discuss.
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